Brown v. Grow

The defendant attacks the jurisdiction of this court to consider the case. The facts pertinent to the decision of that question are that, at the conclusion of the opening statement by plaintiff’s counsel, a verdict was directed in favor of the defendant. Thereupon the docket entry “To be reported ” was made. That was on December 19, 1922. No draft report was presented to the judge or filed in court until April 28,1923, when the defendant objected to a report of the case. The judge overruled the objection and in the exercise of his discretion and “ in order to see that justice may be done, and…